Legal Opinion

Kirk v. Monroe County Tire

Indiana Court of Appeals

Decided February 11, 1992No. 53A01-9110-CV-298PublishedCited by 27 opinions

1Opinion of the Court

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

Roger Kirk appeals from an order denying his motion to dismiss proceedings supplemental following a money judgment in favor of Monroe County Tire (“Monroe Tire”). We reverse and remand with instructions to grant Kirk’s motion to dismiss.

*1368ISSUE

We consolidate and rephrase the issues on appeal as follows:

Did the trial court err in ordering Kirk to appear at a subsequent proceedings supplemental hearing when it had been established at the first hearing that Kirk had no income or attachable assets, and Monroe Tire did not request the subsequent hearing?

FACTS

Also in this document: Concurrence.

2Cases cited9 opinions

  1. Hinds v. McNairIndiana Supreme Court · 1955
  2. Linton v. LintonIndiana Court of Appeals · 1975
  3. Linton v. LintonIndiana Court of Appeals · 1975
  4. Myers v. HooverIndiana Court of Appeals · 1973
  5. First Bank of Whiting v. Sisters of Mercy Health Corp.Indiana Court of Appeals · 1989

4 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Branham v. VarbleIndiana Supreme Court · 2011
  2. Hermitage Insurance Co. v. SaltsIndiana Court of Appeals · 1998
  3. The Nostalgia Network, Inc. v. Bonnie M. LockwoodCourt of Appeals for the Seventh Circuit · 2002
  4. Northern Indiana Public Service Co. v. DozierIndiana Court of Appeals · 1996
  5. Arend v. EtslerIndiana Court of Appeals · 2000

22 more not listed; retrieve them via the Exa API.

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